Hilder & Associates, P.C.Hilder & Associates, P.C.2020-06-03T20:52:54Zhttps://www.hilderlaw.com/feed/atom/WordPress/wp-content/uploads/sites/413/2020/03/cropped-hilder-siteicon-32x32.jpgby Philip Hilderhttps://www.hilderlaw.com/?p=510642020-06-01T19:21:47Z2020-06-01T19:21:47ZBank Fraud and False Statements in PPP Loan Application
Applying for the PPP Loan Program using false or inaccurate information can be charged as bank fraud for making false statements using 18 U.S.C. §1001. Section 1001 which makes it a federal crime to knowingly or willfully make a false representation, or to file a document known to contain a false statement, to an agency of the executive branch, which includes the SBA.

Statute of Limitations for COVID-19 Fraud

The statute of limitations for bank fraud is ten (10) years. While some fraud committed during this uncertain time may go undetected for a few years, the DOJ has ten years to investigate and charge for COVID relief and PPP Loan Fraud. The most brazen instances of fraud will be charged first followed by the less obvious. COVID-19 fraud
Contact Hilder & Associates for more information about COVID-19 and other forms of bank and wire fraud.]]>by Philip Hilderhttps://www.hilderlaw.com/?p=510522020-05-22T22:38:36Z2020-05-22T22:32:56Zrules, which will take effect on August 14, 2020, for how colleges and K-12 schools must address allegations of sexual misconduct. The new regulation bolsters due process procedural protections of the accused, narrows the definition of sexual harassment, and limits the complaints that schools must investigate only to those that were filed through a formal process and brought to the attention of officials authorized to take action.
For the first time, students will be able to cross-examine through their representatives during hearings. The Department of Education website states that the new policies “hold schools accountable for failure to respond equitably and promptly to sexual misconduct incidents and ensures a more reliable adjudication process that is fair to all students.”
Notable provisions of the new Title IX regulation include:

Definition of sexual harassment is narrowed. Under the new regulation, sexual harassment includes “unwelcomed conduct that is so severe, pervasive, and objectively offensive” that it denies the victim access to the school’s education program. Under the previous guidance the definition of sexual harassment was less specific including behavior that “interferes with or limits” a student’s access to the school. However, the new rules expand sexual harassment to include sexual assault, dating violence, domestic violence, and stalking, as unlawful discrimination on the basis of sex;

Due process protections. The accused will have a presumption of innocence throughout the disciplinary process and will have the right to be provided written notice of all allegations against him to challenge. Both the accused and accuser have the right to an advisor/attorney. The new regulations require universities to hold live hearings during which the alleged victim and accused perpetrator can be cross-examined to challenge their credibility. However, the victim is shielded from having to come-face-to-face with the accused during a hearing and from answering questions posed by the accused;

Schools are required to offer victims supportive measures, such as class or dorm reassignments or no-contact orders;

Colleges are responsible for off-campus sexual harassment at houses owned or under the control of school-sanctioned fraternities and sororities. Colleges have the discretion to investigate off-campus allegations outside the school’s “programs or activities.” The previous guidance provided that colleges should investigate any misconduct the school “knows or reasonably should know” about;

Protection of K-12 students by requiring elementary and secondary schools to respond promptly when any school employee has notice of sexual harassment;

Schools may select one of two standards of evidence, the preponderance of the evidence standard or the clear and convincing evidence standard, but the standard must be applied evenly to proceedings for all students and employees, including faculty;

"Rape shield" protections are set in place and ensures victims are not required to divulge any medical, psychological, or similar privileged records;

Schools are required to offer an equal right of appeal for both parties to a Title IX proceeding; and

Schools will be held accountable if they acted with “deliberate indifference” toward a student’s complaint and allegation.

For more information regarding school investigations, please contact our office]]>by Philip Hilderhttps://www.hilderlaw.com/?p=510392020-05-20T21:14:00Z2020-05-20T21:12:45Zcharged a Texas man by federal criminal complaint with bank fraud, wire fraud, false statements to financial institution and false statements to the Small Business Administration (SBA). According to the complaint, the man allegedly submitted bank loan applications to fraudulently attempt to receive more than $5 million in forgivable loans guaranteed by the SBA under the CARES Act. According to the complaint, the individual used a random internet name generator, copied the names obtained from the internet and claimed them as his employees. The man allegedly filed bank loan applications for loans guaranteed by the SBA for COVID-19 relief through the Paycheck Protection Program (PPP) with two different banks claiming he had over 400 employees earning wages when he never had any employees working for his purported business.
The Paycheck Protection Program (PPP) is part of the CARES Act, which was enacted in March of this year. The PPP allows qualified small businesses to receive loans at a low interest rate for two years. PPP loan proceeds must be used to pay business payroll costs, interest on mortgages, rent and utilities.
COVID-19 and CARES Act related fraud charges are expected to be imminently forthcoming as the DOJ has prioritized the prosecution and investigation of such fraud. If you need assistance with a fraud case, please contact our office.]]>by Philip Hilderhttps://www.hilderlaw.com/?p=510292020-05-18T16:14:37Z2020-05-18T16:14:37ZAutism Spectrum Disorder Diagnosis for Mitigation
Without proper diagnosis treatment and advocacy, and individual suffering from ASD may not have their needs appropriately address in an investigation or court proceeding. Should a client have an ASD condition, it must be recognized in the way a case is handled. ASD is not a pass for culpability but is a vehicle for mitigation to explain actions.

Recognizing Autism Spectrum Disorder

ASD may be present when the client demonstrates the following behavior:
Lack of social cues
Lack of emotional cues
Impulsivity
Reasoning Impairment
Fixations
Compulsiveness

Advocating for Clients with Autism Spectrum Disorder

Effective advocacy comes from knowledge and experience. The attorneys at Hilder & Associates, P.C. regularly work with psychologist and psychiatrists when appropriate to assist client under investigation, pretrial, trial, and if need be, sentencing. The proper identification and collection of records and witnesses depends upon a familiarity with the landscape of ASD that comes from experience. Our attorneys not only have the ability to present expert witnesses and evidence, but the knowledge to confront and cross-examine government experts. Our experiences allow us to investigate cases and work with the right experts to make sure our clients get the care and attention they deserve. Contact our Firm for details and assistance.
]]>by Philip Hilderhttps://www.hilderlaw.com/?p=510102020-05-14T15:51:09Z2020-05-14T15:40:02Zcontact our office.]]>by Philip Hilderhttps://www.hilderlaw.com/?p=510062020-05-12T18:04:54Z2020-05-12T17:37:27Z issues an open letter calling in question U.S. Attorney General William Barr’s Independence and Integrity in movie to dismiss the criminal cases against former National Security Advisor Michael Flynn who pleaded guilty to lying to the FBI regarding communications with the Russian Ambassador to the U.S.
The organization wrote:
“Our democracy depends on a Department of Justice that acts as an independent arbitrator of equal justice, not an arm of the President’s political apparatus.”]]>by Philip Hilderhttps://www.hilderlaw.com/?p=510002020-05-11T13:41:53Z2020-05-11T13:41:19ZWhistleblower Awards to four individuals totaling over $ 2 Million. The Whistleblowers jointly submitted the tip to the CFTC and each provided “significant”, ongoing assistance in bringing the enforcement action. Since the first award in 2014, the CFTC has provided approximately $100 million to Whistleblowers.
Hilder & Associates has and continues to represent and guide clients through the CFTC Whistleblower program. Should you require assistance, please contact our office. ]]>by Philip Hilderhttps://www.hilderlaw.com/?p=509962020-05-08T13:25:20Z2020-05-08T13:12:30Zcontact our office.]]>by Philip Hilderhttps://www.hilderlaw.com/?p=509822020-05-02T19:56:11Z2020-05-01T16:01:31Zcharged 35 individuals with federal crimes arising from allegations involving fraudulent genetic cancer testing in September 2019. According to the charges, the defendants included medical professionals, telemedicine companies, and cancer genetic testing laboratories. The defendants lured elderly and disabled Medicare beneficiaries into ordering unnecessary or non-existent cancer genetic screening (CGx) laboratory tests and fraudulently billed Medicare over $2.1 billion dollars. Although these are the first charges involving genetic testing, it is unlikely to be the last as genetic testing is a rapidly growing area of the health care field.
Fraudulent genetic testing schemes will likely include but is not limited to the following:

Illegal kickback payments and bribes from CGx laboratories in exchange for referral of Medicare beneficiaries for expensive and unnecessary genetic testing; and

Waiving expensive copays or other forms of renumerations to patients without justification or legitimate consideration of patient’s financial ability to pay.

For assistance with a health care fraud case, please contact our office.]]>by Philip Hilderhttps://www.hilderlaw.com/?p=509792020-04-30T18:32:18Z2020-04-30T18:32:18Zurged recipients of the Economic Impact Payments to report suspected fraud relating to payments under the CARES Act. These checks will be delivered by the U.S. Postal Service. The IRS anticipates that there will be a number of scams associated with the issuance of these checks. Fraudulent activity surrounding these checks will be investigated by the U.S. Postal Inspectors and the IRS.

COVID-19 Fraud Whistleblowing Incentives

If you become aware of fraud relating to payments or stimulus, you may be eligible to file a qui tam and be rewarded a portion of the recovery. Whistleblowers, who have invaluable knowledge, are incentivized by the FCA for information leading to charges and recovery. For information and guidance in filing a qui tam, contact our office. ]]>